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Saturday, July 02, 2005

Good Riddance to O'Connor

--posted by Tony Garcia on 7/02/2005

The left drones on about how the Court was slanted 5-4 to the right. The truth is the balance on the court was 4-3 leaning left with 1 moderate who often went right and 1 Justice who loved the power of being the deciding vote and typically went left. O'Connor just loved making the deciding vote.

She is leaving the bench a little bit late. Without her this past term it is reasonable to think that there would be at worst another moderate that leans right (what the Democrats call an extremist).

What decisions would have been different.

We would have Freedom OF religion instead of Freedom FROM religion.

Title IX would not be expanded in a manner that expands the power of government.

The phrase "any court" would still mean any existing court without equivocation.

And keep in mind that O'Connor's dissent in striking down the death penalty for juveniles was based on the fact that "little [had] changed since our recent decision in Stanford." But her dissent is basically because there was not enough evidence that the will of the people wanted the death penalty barred. Otherwise, she would have been on the liberal side of the decision.

The list this term alone goes on and on.

But this is why it is good to see her go.

UPDATE
A few more cases that O'Connor was the swing vote on--that she messed up--thus enforcing my "Hurry up and get out" sentiments.
Grutter v. Bollinger (2003)--where state colleges and universities were allowed to continue racism in their application process.

Lee v. Weisman (1992)--reinforced freedom FROM religion instead of the Constitutional freedom OF religion, this time relating to graduation ceremonies.

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